Do Employers Face Consequences for Hiring Unauthorized Workers?

Do Employers Face Consequences for Hiring Unauthorized Workers?

Sa Migration – 08 June 2022


Worksite immigration enforcement has increased, but still few employers charged with illegal hiring

The recent immigration enforcement raids at several chicken-processing plants in Mississippi netted hundreds of arrests and dozens of criminal indictments against undocumented workers. But the action brings up a long-standing question, especially in an era of increased worksite enforcement: Where are the charges against the employers for hiring unauthorized workers?  

Nearly 700 people were arrested at seven chicken processors in the largest operation of its kind in more than a decade. About 300 were released shortly thereafter with orders to appear before an immigration judge, while the rest were detained. Another 100 from one of the affected facilities were reportedly fired after the raid. Online court documents show that dozens of workers have since been indicted on charges ranging from illegal re-entry into the country to fraud.

However, no charges have yet been brought against the companies, owners or managers. Why?

Employer Investigations Take Time

"There is no doubt that the companies are under investigation by Immigration said Bruce, an attorney operating in this sector . Immigration are targeting employers with high staff employment with low skill jobs in the agriculture , hospitality , factories etc 

Those warrants show that immigration suspected the companies of willfully hiring and employing undocumented workers, predominantly a civil offense under the Immigration Act federal law.

Home Affairs Minister has stated that anyone, including employers, found to have broken the law would be held accountable and  declined to comment on whether any employers will be charged, citing the ongoing investigation. Employers will be prosecuted if it's proven beyond a reasonable doubt that they violated the law.

Julie Myers Wood seized from the companies to determine whether the employers should face charges, said Julie Myers Wood, CEO of investigative and compliance consultancy Guidepost Solutions and former director of ICE under President George W. Bush.

Workplace raids became a hallmark of the current Minister of Home Affairs .

Criminal charges can be brought against managers and business owners, and large numbers of unauthorized workers can be identified and potentially removed during worksite raids,.

"However, we are seeing more use of undercover agents at worksites and workers cooperating with the government as witnesses, which may lead to quicker employer prosecutions," she said.

Civil penalties for employers hiring or continuing to employ undocumented workers range are high .per employee for second and third offenses. Employers can face criminal charges, and owners and managers can face up to six months in prison if a pattern of hiring unauthorized workers is established.

www.samigration.com

 


New visa system introduced in South Africa

New visa system introduced in South Africa

Businesstech -8 June 2022

 

The Department of Home Affairs (DHA) has introduced a centralised adjudication system for visas. The new system will mean that all long-term visa applications submitted through a South African embassy or high commission are being sent to the Home Affairs head office in Pretoria.

Previously, these applications were adjudicated and finalised by consular officials within the missions, says Moeketsi Seboko, immigration manager at Xpatweb.

“What we know so far is that the purpose of the centralised system is to ensure consistency and uniformity in the application of the Immigration Act and regulations toward the adjudication of visa submissions.

“The implementation of this new system is seen as an attempt by DHA to enhance the integrity of its Immigration Department and to show efforts to align systems in the interest of national security whilst contributing to the recovery of the economy.”

Issues 

The Department of Home Affairs had been made aware that there are inconsistencies and arbitrary rules by officials at missions which have led to consular officials requesting non-prescribed requirements for the same visa application, Seboko said.

At times, these requested requirements can change weekly depending on the official receiving the documents, which often results in an inconsistent and unpredictable adjudication process. Although this is not the case with all missions, as some are compliant and enforce the correct visa application processes and procedures, Seboko said.

“We welcome the new system and are of the opinion that with proper and systemic implementation, the centralised system will improve on the effectiveness and uniformity in the adjudication process of long-term visa applications.

“However, like with any structural change, teething problems are expected and are currently affecting expats and their employers around the globe. An example of this is greatly increased processing times of visa applications as a result of a bottleneck due to the vast number of visa application received at the Department of Home Affairs head office from the missions.

“One can only hope that the Department of Home Affairs is being proactive and jumping on implementing measures to mitigate further delays in the release of visa application outcomes and also to increase the staff complement at DHA Head Office to relieve the pressure of the volume of applications received.”

Xpatweb called for a more permanent and robust solution to address the ever-evolving immigration standards.

www.samigtration.com

 

 


Home affairs does not target African migrants, says Motsoaledi

Home affairs does not target African migrants, says Motsoaledi

News24 – 8 June 2022

 

  • The Department of Home Affairs says it is not targeting migrants from the African continent.
  • Home Affairs Minister Aaron Motsoaledi attempted to dispel the notion that migrants from European countries were not investigated.
  • MPs in the National Council of Provinces have raised concerns about the apparent targeting of African migrants.

Home Affairs Minister Aaron Motsoaledi has attempted to dispel the notion that his department mainly focuses on African migrants and not those from European countries.

This is contained in a report of the National Council of Provinces' Select Committee on Security and Justice on its evaluation of the 2022-'23 home affairs department budget vote and annual performance plan.

The long queues at home affairs offices, digitising documents, border security, and immigration issues were some of the main challenges MPs highlighted.

The committee also raised concerns that it was not receiving reports on the arrests of illegal migrants.

Furthermore, committee members were concerned that the department mainly focused on African migrants and not those from European countries.

"The minister responded that due to the nature of investigations, the information is not always forthcoming, but they are doing work behind the scenes discreetly. The minister also wanted to correct the wrong perception that they are only chasing illegal migrants from the African continent," the report read.

The report added:

As a result of the 2010 World Cup legacy project, any flight from any country, 24 hours before arrival, has to send a list of all passengers, and they are stopped before coming to South African borders. The department does not solely focus on African illegal immigrants.

Last month, Motsoaledi admitted that South Africa's immigration system needed a complete overhaul.

He conceded that only 13 officials dealt with an avalanche of corruption cases that were borne out of immigration offences.

But he gave an assurance that 12 new staff members would be added to the department's counter-corruption unit, including analysts, researchers and investigators.

Last month, a senior Department of Home Affairs official was dismissed for approving the permanent residency application of self-proclaimed prophet and fugitive Shepherd Bushiri.

Bushiri, his wife, Mary, and three others are accused of fraud involving around R102 million.

WATCH | The paradoxes of Bushiri

Journalist Maynard Manyowa reflects on his relationship with the self-proclaimed prophet while working for him. He is a complex man who means many different things to different people, and his every word and action will always draw stark polar contrasts. His loaded with contradiction and paradox, and the jury is out, on what kind of a man he truly is.

At the time of their bail hearing, home affairs officials suggested that the Bushiris should be considered a flight risk and denied bail. However, they were granted R200 000 bail each.

In 2020, the Bushiris fled to Malawi.

Meanwhile, MPs also wanted an update on the progress and challenges related to the implementation of the Border Management Authorities (BMA).

WATCH | Staged miracles: Self-proclaimed prophet Shepherd Bushiri walks on air

Journalist Maynard Manyowa shares with News24 what happened behind the scenes when self-proclaimed prophet Shepherd Bushiri made the infamous clip showing him walking on air. "In reality, two men off-camera had lifted him up, then zoomed his feet as he dangled his legs in a walking motion," he told News24. The video backfired spectacularly but gave the church hitherto unseen mileage.

Motsoaledi responded that the BMA was a branch that was still incubated in the department, and work was under way to make it a stand-alone entity by April next year.

"The BMA Act provides for nine ministers to be part of an inter-ministerial committee selected by the president. The BMA is going to bring government departments together. Those police officers at the border posts reporting to SAPS will have to choose whether to be transferred to BMA. The proclamation allows the president to transfer certain functions from one minister to another, and the president may transfer staff.

"Department of Health officials will also be transferred to BMA. No transfers will be made from the South African National Defence Force or SA Revenue Service. Implementation protocols will determine the collaboration with BMA in terms of the working arrangements," he said.

www.samigration.com

 

 


Saudi man wins Home Affairs fight

Saudi man wins Home Affairs fight

Daily Voice – 8 June, 2022

A Saudi Arabian man has finally won a three-year battle against Home Affairs after they unfairly rejected his application for a spousal visa.

Father of two, Nadir Abdul Majeed, 30, says despite being married for three years and being a university graduate, he was not allowed to work or live in South Africa because his visa had been rejected due to administrative bungles.

In January the depressed dad told the Daily Voice how he and his Ottery family were struggling because he could not even enrol for an internship despite having a B.Com degree from Stellenbosch University.

Wife Saarah Jasmin, 25, says they were contacted by attorney Stefanie de Saude Darbandi.

“She was in contact with us before but she needed an advocate to litigate the matter at the High Court.

“She contacted us after the article (was published) and helped us with the paperwork.

“We had to take 300 pages to the police station to get it signed. We were waiting for a court date when we got a call saying there is an outcome.”

The couple was overjoyed when they were told that Nadir’s visa had arrived.

Stefanie, from De Saude Darbandi Immigration Attorneys, says she enlisted the help of Advocate David Simonzs and together they took Nadir’s case to the High Court.

“The application was rejected again for another reason and this was the last appeal.

“We sent a letter to Home Affairs informing them to set aside the ruling or go to court.

“We were contacted by the state attorney who indicated that an outcome was ready and that is when we obtained the visa,” she explains.

She adds: “About 70% of the applications are wrongfully rejected and an application like this costs between R60 000 to R180 000 just to get a High Court date and many cannot afford this.”

Nadir says he is now looking for an internship.

“Right now I am excited and applying for internships at accounting firms so I can help build a better life for my family,” he says

www.samigration.com

 

 


New UK work visa to exclude graduates from Africa

New UK work visa to exclude graduates from Africa

Mail & Guardian – 08 June 2022

Graduates from African universities will not be eligible for the United Kingdom’s High Potential Individual (HPI) visa aimed at attracting highly skilled graduates from non-UK universities to work in various fields, including science, technology and entrepreneurship in the country.

Barring a change in plan, the UK will start receiving applications for the HPI on 30 May. Prior to the expiry date of the two to three years’ work allowed by the HPI visa, holders can obtain permits to guarantee their continued stay and employment in the UK.

But not all bachelor, masters and PhD degree holders will qualify for the work opportunity.

According to the UK Home Office, prospective applicants are expected to have bagged their degrees, during the past five years prior to applying, from the list of top 50 universities featured in at least two of the following three ranking systems: Times Higher Education, Quacquarelli Symonds and the Academic Ranking of World Universities.

About 40 institutions from the United States, France, China, Hong Kong, Australia, Germany, Canada and Japan feature on the list.

Notably, no African university meets this requirement. This has sparked questions about the exclusionary slant to the visa policy on the one hand and, on the other hand, the quality of education offered by universities in Africa.

“I believe Britain is unfair to African graduates, using the ranking of universities as a criterion for engagements,” said Professor Olusola Oyewole, the secretary general of the Association of African Universities (AAU), maintaining that every university is unique in its mission and purpose.

“The UK is wrong to assume that graduates from high-ranking universities are more skilled than graduates from Africa.”

Oyewole noted that world ranking indices — such as academic reputation, employer reputation, faculty to student ratio, citations per faculty, international faculty ratio and international student ratio — favour long-established universities and that these disadvantaged African universities “because of their relatively young age”.

“I do not want to make excuses for African universities because their mission may not be the same as those of Europe and America that had been in existence for many hundreds of years. [But] a ranking system that considers the number of Nobel laureates as a measure of academic reputation may not favour African universities,” said Oyewole, the former vice-chancellor of the Federal University of Agriculture, Abeokuta, Nigeria.

The poor rating of African universities does not make their products necessarily inferior to graduates in other climes, Oyewole said. “It is only a reflection of the funding and support given to the institutions on the African continent.”

He said many graduates from Africa, having survived in their immediate environment, perform whenever they have opportunities to further their studies outside the continent.

Oyewole said that with the right facilities, funding and conducive environments, African graduates have been found to be resilient, resourceful and highly innovative in the world of work.

“Many foreign-based students and academics cannot survive or operate in the difficult academic terrain of many institutions in Africa, where funding is scarce. Yet the African academics find means of surviving and contributing to development with little resources,” he said.

“While the UK might have put up its own criteria, it is encouraging that other countries, like Canada and the United States, have found that graduates of African universities are resourceful and innovative and they have risen to challenges.”

Professor Mahfouz Adedimeji, the vice-chancellor of Ahman Pategi University in Kwara State, Nigeria, said the new UK visa regime appears to be skewed against Africa.

With more than 25 000 universities globally, the top 50 ranking represents a paltry 0.2%, the Fulbright scholar observed, saying the US and UK universities would make up the bulk of the percentage, while most African, Asian and South American universities would not feature in the list.

“[Universities] operate under peculiar circumstances. It would have been better for the new policy to attract the best 10 universities in each continent, for example.

This would have been more inclusive,” Adedimeji said.

At the time of publication, the UK Home Office had not yet replied to an inquiry about its educational criteria for the visa.

The varying contexts of operation notwithstanding, most African universities, especially government-owned institutions, are plagued with poor funding, resulting in low-quality research outputs and a dearth of infrastructure.

“That is why we are on strike,” said Professor Emmanuel Osodeke, the president of the Academic Staff Union of Universities in Nigeria, attributing the three-month ongoing industrial action in Nigeria’s federal universities to the government’s failure to implement a 2009 agreement seeking revitalisation of the institutions and better working conditions.

“In the [19]60s and [19]70s, the University of Ibadan [in south-west Nigeria] was one of the best in the world. Today, it is 1 172nd in the world,” said Osodeke.

“Let us develop our universities. We have the brains, human resources and other resources, but the problem is misplaced priorities,” he added, drawing on the lavish spending of political elites in the country.

“Politicians are paying NGN100‑million ($241 600) to buy presidential forms. NGN100‑million would fully furnish a biochemistry lab in a Nigerian university.

“Most of them get the money from the government. Every country has a right to put a limit to who should come to their country or not. We should develop our own country.”

In Nigeria, for instance, the budgetary allocation to education is embarrassingly low, pegged at 5.68% of the national budget in 2021 and reduced to 4.30% in 2022.

Adedimeji said: “Similar patterns of underfunding education persist in many African countries, hampering development.” He added that a lack of commitment to adequate funding constitutes “a bane” to university education in Africa.

“This is where African governments and stakeholders have to show commitment to higher education funding. African universities are still largely in the Global South characterised by the digital divide. Technology is expensive and it requires a lot of funding and investment,” he said.

Admitting the setbacks Adedimeji identified, the AAU secretary general also blamed the plight of African universities on poor remuneration and low research funding by governments.

“Criteria used for ranking favour the high-funded, research facilities-endowed institutions which can engage and retain quality research and engage high-calibre academics, including many Africans in the diaspora. This does not mean that African researchers are inferior to researchers from other continents,” he said.

“Many African universities find it difficult to attract foreign academics and researchers because they cannot afford to pay their salaries. This makes them uncompetitive with respect to the international faculty ratio, which is one of the criteria in the world ranking systems. Indeed, the low level of remuneration paid to African academics makes them non-competitive with foreign universities.”

That African universities are excluded from the new UK visa policy is a wake-up call that we need to do more as Africans to be more globally competitive, Adedimeji pointed out, urging that teaching has to be reinvented, research deepened, service strengthened and infrastructure rejigged.

“The low ranking of universities in Africa should be a clarion call on African governments and institutions to invest more in their higher education institutions,” Oyewole agreed.

In his paper, titled Higher Education in Africa: Facing the Challenges in the 21st Century, Professor Goolam Mohamedbhai, the former secretary general of the AAU and a former vice-chancellor of the University of Mauritius, recommended institutional, national and regional approaches to tackling the issues.

He advised African governments, universities and all stakeholders to plan, innovate, collaborate, develop policies and show commitment to implementation, concluding that “there is no reason why African countries cannot transform these challenges into opportunities to make their higher education sector a vibrant and productive one”

www.samigration.com